


IN THE SERVICE OF THE COMMONWEALTH, 
STATE BOARD OF EDUCATION, FORD BUILDING, BOSTON. 



MASSACHUSETTS. L^^.. ef.Vo\e^=.V, 

SCHOOL LEGISLATION. 

Acts of 1910, 









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Massachusetts School Legislation foe 1910. 



Chapter 113. 

An Act to incorporate the trustees of Massachusetts col- 
lege. 

Section 1. Edmund D. Barbour, George H. Martin, William 
Orr, Paul H. Hanus, Thomas A. Jaggar, Junior, Stratton D. 
Brooks and Courtenay Crocker, their associates and successors, are 
hereby constituted a body corporate by the name of the Trustees of 
Massachusetts College, and they and their successors and such per- 
sons as shall be duly elected members of the corporation shall be a 
body corporate by that name forever. Said trustees, except as pro- 
vided in section seven, shall be self-perpetuating and shall have 
power, as occasion may require, to elect a president, a treasurer, 
a. secretary and such other officers of the corporation as may be 
found necessary, and to declare the duties, salaries and tenures of 
their respective offices, and also to remove any trustee from the 
said corporation when in their judgment he becomes incapable of 
discharging the duties of his office, or shall neglect or refuse to 
perforin the same, and also to elect new members of said corpo- 
ration in case of death, resignation or disability. The number of 
members shall be not less than seven nor more than nine. 

Section 3, The said corporation shall have power to establish 
rules for the holding and conduct of its meetings; to establish 
boards of instruction in all departments of learning, science and the 
arts; to engage the services of such professors, tutors, instructors, 
clerks and other officers and employees as they shall deem best, 
and to determine the duties, remuneration and tenures of their 
respective offices and employments. Said corporation is further 
empowered from time to time to make reasonable rules and regu- 
lations, not repugnant to the constitution and laws of this common- 
wealth, with reasonable penalities, for the good government of said 
college; to determine and regulate the course of instruction in said 
college ; and to confer the degrees of bachelor of arts and master of 
arts and the certificates and diplomas appertaining thereto. 

Section 3. The said corporation may sue and be sued by the 



name of the Trustees of Massacluisetts College, and may take and 
hold, in fee simple or otherwise, by gift, grant, devise, bequest, 
purchase or otherwise, any real or personal estate or interest 
therein within or without this commonwealth; but no property 
situated within this commonwealth owned by said corporation in 
excess of three million dollars shall be exempted from taxation as 
belonging to an educational institution. 

Section 4. The clear rents and profits of all the real estate of 
which the said corporation shall be seized and possessed, and all 
other income, shall be used for education along the lines and in the 
manner which said corporation shall determine will best promote 
good citizenship within the commonwealth. 

Section 5. No instructor in said college shall ever be required 
by the trustees to profess any particular religious or political 
opinions as a test of office ; and no student shall be refused admission 
to, or denied any of the privileges, honors or degrees of, said col- 
lege, on account of the religious or political opinions which he may 
entertain. 

Section 6. Said corporation is hereby empowered to purchase, 
hire, erect and keep in repair such houses and other buildings as it 
shall deem necessary for the best interests of said college, but 
especially it is hereby empowered, with the consent of the city or 
town officials or committees having them in charge, to use the 
school or other public buildings of any cities and towns within the 
commonwealth, or, with the consent of the state board of educa- 
tion, to use normal or other schoolhouses owned or controlled by 
the commonwealth, for the purposes for which it is incorporated, 
and under such regulations as may be fixed by said officials and 
committees or by the state board of education. 

Section 7. The state board of education shall choose one of the 
trustees of Massachusetts College, who shall serve for such term as 
said board shall determine, and may be removed only by approval 
of said board. 

Section 8. There shall be a board of advisers, consisting, with 
their consent, of the president, or his representative, of each of 
the following named institutions : — Harvard, Boston and Clark 
Universities, Amherst, Boston, Clark, Massachusetts Agricultural, 
Mount Holyoke, Holy Cross, Eadclifie, Simmons, Smith, Tufts, 
Wellesley and "Williams Colleges, Massachusetts Institute of Tech- 
nology and Worcester Polytechnic Institute, and such other persons 
as the trustees may appoint. The duty of inspection shall devolve 
upon this board, and its recommendations shall be acted on by the 



board of trustees. Givers of fift}^ thousand dollars or more for the 
purposes of the college shall be called Founders. 

Section 9. A committee on degrees, each member of which 
shall serve for five 5^ears, consisting of five persons prominently 
identified with higher education, who are wholly unconnected with 
any teaching or governing board of Massachusetts College, shall 
be appointed by those presidents of educational institutions or their 
representatives, not less than nine in number, who are members of 
the board of advisers. The first committee, however, shall consist 
of members who shall serve one, two, three, four and five years 
respectively. This committee shall be approved annually by the 
state board of education. This committee shall approve the re- 
quirements for admission and the number and quality of the 
courses required for the degrees conferred by Massachusetts College, 
and shall, by examination or otherwise, determine the fitness of all 
candidates for degrees in accordance with current college stand- 
ards. 'No degree shall be conferred without the signature of the 
chairman of this committtee. 

Section 10. This act shall take effect when the sum of five 
hundred thousand dollars has been subscribed by bona fide and re- 
sponsible donors, to the satisfaction of the governor and council. 
[App7'oved February 28, 1910. 



Chapter 201. 

An Act relative to military drill in public schools. 
Section 1. Section thirty-four of chapter forty-two of the Ee- 
vised Laws is hereby amended by striking out the last sentence in 
said section and inserting in place thereof the following : — JS'o 
pupil shall be required to take part in any military exercise if his 
parent or guardian is of the religious denomination of Quakers or 
Shakers or of any other religious denomination conscientiously op- 
posed to bearing arms, or if said parent or guardian is himself 
conscientiously scrupulous of bearing arms, and so notifies the 
school committee in writing; or if a physician of good standing 
shall certify in writing that in his opinion such exercise would be 
injurious to the pupiFs health, — so as to read as follows : — Sec- 
tion oJf. The school committee shall direct what books shall be 
used in the public schools, and shall prescribe, as far as is prac- 
ticable, a course of studies and exercises to be pursued therein. 
Such exercises may, at the discretion of the committee, include 



6 

calisthenics, gymnastics and military drill; but no special in- 
structors shall be employed therefor except by a two thirds vote of 
the committee. No pupil shall be required to take part in any 
military exercise if his parent or guardian is of the religious 
denomination of Quakers or Shakers or of any other religious de- 
nomination conscientiously opposed to bearing arms, or if said 
parent or guardian is himself conscientiously scrupulous of bearing 
arms, and so notifies the school committee in writing; or if a 
physician of good standing shall certify in writing that in his 
opinion such exercise would be injurious to the pupil's health. 

Section" 2. This act shall take effect upon its passage. \_Ap- 
proved March 11, 1910. 



Cliapter 249. 

An Act eelative to the eoeging of bieth ceetificates. 

Section sixty-one of chapter five hundred and fourteen of the 
acts of the year nineteen hundred and nine is hereby amended by 
adding at the end thereof the words : — and whoever forges, or pro- 
cures to be forged, or assists in forging a certificate of birth of such 
minor, and whoever presents or assists in presenting a forged certifi- 
cate of birth, to a school committee or to the person authorized by 
law to receive certificates, for the purpose of fraudulently obtaining 
the school certificate mentioned in section sixty, shall be punished 
by a fine of not less than one hundred nor more than five hundred 
dollars, or by imprisonment for not less than three months nor 
more than one year, or by both such fine and imprisonment, — so as 
to read as follows : — Section 61. Whoever employs a minor under 
the age of sixteen years, and whoever procures or, having under his 
control a minor under such age, permits, such minor to be employed 
in violation of the provisions of sections fifty-six and fifty-seven of 
this act, shall for each offence be punished by a fine of not more 
than three hundred dollars, or by imprisonment for not more than 
six months, or by both such fine and imprisonment; and whoever 
continues to employ a minor in violation of the provisions of either 
of said sections, after being notified thereof by a truant officer or by 
an inspector of factories and public buildings, shall for every day 
thereafter while such employment continues be punished by a fine of 
not less than twenty nor more than one hundred dollars, or by im- 
prisonment for not more than six months; and whoever forges, or 
procures to be forged, or assists in forging a certificate of birth of 
such minor, and whoever presents or assists in presenting a forged 



certificate of birth, to a school committee or to the person author- 
ized by law to receive certificates, for the purpose of fraudulently 
obtaining the school certificate mentioned in section sixty, shall be 
punished by a fine of not less than one hundred nor more than five 
hundred dollars, or by imprisonment for not less than three months 
nor more than one year, or by both such fine and imprisonment. 
[Approved March 18, 1910. 



Chapter 257. 

An Act to peovide for medical inspection op working chil- 
dren BETWEEN THE AGES OF FOURTEEN AND SIXTEEN. 

Section 1. Section one of chapter five hundred and two of the 
acts of the year nineteen hundred and six is hereby amended by 
inserting after the word " act ", in the sixth line, the words : — and 
shall assign one or more to perform the duty of examining chil- 
dren who apply for health certificates in accordance with this act, 

— so as to read as follows : — Section 1. The school committee of 
every city and town in the commonwealth shall appoint one or more 
school physicians, shall assign one to each public school within its 
city or town, and shall provide them with all proper facilities for the 
performance of their duties as prescribed in this act; and shall 
assign one or more to perform the duty of examining children who 
apply for health certificates in accordance with this act: provided, 
however, that in cities wherein the board of health is already main- 
taining or shall hereafter maintain substantially such medical in- 
spection as this act requires, the board of health shall appoint and 
assign the school physician. 

Section 2. Section two of said chapter five hundred and two 
is hereby amended by adding at the end thereof the words : — Every 
school physician who is assigned to perform the duty of examining 
children who apply for health certificates shall make a prompt ex- 
amination of every child who wishes to obtain an age and schooling 
certificate, as provided in section sixty of chapter five hundred and 
fourteen of the acts of the year nineteen hundred and nine, and 
who presents to said physician an employment ticket, as provided 
in said section, and the physician shall certify in writing whether 
or not in his opinion such child is in sufficiently sound health and 
physically able to perform the work which the child intends to do, 

— so as to read as follows : — Section 2. Every school physician 
shall make a prompt examination and diagnosis of all children re- 



8 

ferred to him as hereinafter jDrovided, and such further examina- 
tion of teachers, janitors and school buildings as in his opinion the 
protection of the health of the pupils may require. Every school 
physician who is assigned to perform the duty of examining children 
who apply for health certificates shall make a prompt examination 
of every child who wishes to obtain an age and schooling certificate, 
as provided in section sixty of chapter five hundred and fourteen of 
the acts of the year nineteen hundred and nine, and who presents 
to said physician an emplojrment ticket, as provided in said section, 
and the physician shall certify in writing whether or not in his 
opinion such child is in sufficiently sound health and physically able 
to perform the work which the child intends to do. 

Section" 3. Section fifty-eight of chapter five hundred and four- 
teen of the acts of the year nineteen hundred and nine is hereby 
amended by inserting after the word " language ", in the twelfth 
and thirteenth lines, the words : — nor until such person has re- 
ceived a certificate signed by a physician, as provided in chapter five 
hundred and two of the acts of the year nineteen hundred and six 
and acts passed in amendment thereof, or by a physician appointed 
by the school committee, stating that said minor has been examined 
by him and in his opinion is in sufficiently sound health and 
physically able to perform the work which the minor intends to do : 
provided, however, that the age and schooling certificate may be 
approved and issued without a physician's certificate if there shall 
be on file in connection with the public schools a written record in 
regard to the child's physical condition made within one year and 
the person authorized to approve said age and schooling certificate 
after having examined such record shall certify that in his opinion 
said minor is in sufficiently sound health and physicially able to 
perform the work which the minor intends to do, — so as to read as 
follows : — Section 58. An age and schooling certificate shall be 
approved only by the superintendent of schools or by a person au- 
thorized by him in writing, or, if there is no superintendent of 
schools, by a person authorized by the school committee; but no 
member of a school committee or other person authorized as afore- 
said shall approve such certificate for any minor then in or about to 
enter his own employment or the emplojrment of a firm or corpo- 
ration of which he is a member, officer or employee. No such certifi- 
cate shall be approved by any person unless he is satisfied that the 
minor therein named is able to read at sight and to write legibly 
simple sentences in the English language, nor until such person has 
received a certificate signed by a physician, as provided in chapter 



five hundred and two of the acts of the 5^ear nineteen hundred and 
six and acts passed in amendment thereof, or by a physician ap- 
pointed by the school committee, stating that said minor has been 
examined by him and in his opinion is in sufficiently sound health 
and physicially able to perform the work which the minor intends 
to do : provided, however, that the age and schooling certificate may 
be approved and issued without a physician's certificate if there 
shall be on file in connection with the public schools a written record 
in regard to the child's physical condition made within one year and 
the person authorized to approve said age and schooling certificate 
after having examined such record shall certify that in his opinion 
said minor is in sufficiently sound health and physically able to 
perform the work which the minor intends to do. The person 
who approves the certificate may administer the oath provided for 
therein, but no fee shall be charged therefor. 

Section 4. The age and schooling certificate set forth in section 
sixty of said chapter five hundred and fourteen is hereby amended by 
inserting after the word " language ", in the thirty-eighth line, the 
words : — I further certify that in my opinion (or in the opinion 
of the physician by whom said minor has 

been examined in accordance with section fifty-eight of the above 
chapter) he (or she) is in suflSciently sound health and physically 
able to perform the work which he (or she) intends to do, — so 
that the said certificate will read as follows : — 

AGE AND SCHOOLING CERTIFICATE^ ST. 1909, C. , § • 

This certifies that I am the [father, mother, guardian or custo- 
dian] of [name of minor], and that [he or she] was born at [name 
of city or town], in the county of [name of county, if known], and 
state [or country] of , on the [day and year of birth], 

and is now [number of years and months] old. 

[Signature of father, mother, guardian, or custodian.] 

[City or town and date.] 

Then personally appeared before me the above named [name of 
person signing], and made oath that the foregoing certificate by 
[him or her] signed is true to the best of [his or her] knowledge 
and belief. I hereby approve the foregoing certificate of [name of 
minor], height [feet and inches], complexion [fair or dark], hair 
[color], having no sufficient reason to doubt that [he or she] is of 
the age therein certified. I hereby certify and am satisfied that [he 
or she] can read at sight and can write legibly simple sentences in 
the English language. I further certify that in my opinion [or in 



10 

the opinion of , the physician by whom said 

minor has been examined in accordance with section fifty-eight of 
the above chapter] he [or she] is in sufficiently sound health and 
physically able to perform the work which he [or she] intends to do. 

This certificate belongs to [name of minor in whose behalf it is 
drawn], and is to be surrendered to [him or her] whenever [he or 
she] leaves the service of the corporation or employer holding the 
same ; but if not claimed by said minor within thirty days after such 
time, it shall be returned to the superintendent of schools, or, if 
there is no superintendent of schools, to the school committee. 

[Signature of person authorized to approve and sign, 
with official character or authority.] 

[City or town and date.] 

In the case of a minor who cannot read at sight and write legibly 
simple sentences in the English language, the certificate shall 
continue as follows, after the word " language " : — 

I hereby certify that [he or she] is regularly attending the 
[namei] public evening school. This certificate shall 

continue in force only so long as the regular attendance of said 
minor at the evening school is endorsed weekly by a teacher thereof. 

Section" 5. This act shall take effect on the first day of August 
in the year nineteen hundred and ten. [Approved March 19, 
1910. 



Chapter 282. 

An" Act relative to the appointees of the board of education". 
Section 1. Chapter four hundred and fifty-seven of the acts of 
the year nineteen hundred and nine is hereby amended by striking 
out section three and inserting in place thereof the following : — 
Section 3. The board shall appoint a commissioner of education, 
whose term of office shall be five years, and may fix his salary at 
such sum as the governor and council shall approve. Said com- 
missioner may at any time be removed from office by a vote of six 
members of the board. He shall exercise all the powers and be 
subject to all the duties now conferred or imposed by law on the 
secretary of the board of education. He shall be the executive 
officer of the board, shall have supervision of all educational work 
supported in whole or in part by the commonwealth, and shall 
report thereon to the board. He shall be allowed for travelling ex- 
penses a sum not exceeding fifteen hundred dollars per annum. 
The board shall also appoint two deputy commissioners, at equal 



11 

salaries, one of whom shall be especially qualified to deal with in- 
dustrial education. The powers, duties, salaries and terms of 
office of said deputy commissioners shall be such as may be estab- 
lished from time to time by the board, but the board may, by a 
vote of six members thereof, remove from office at any time either 
of said deputy commissioners. The total expense for salaries in- 
curred under this section, together with the salaries of such other 
assistants or agents, and the cost of such clerical and messenger 
service as may be necessary, shall not exceed forty thousand dol- 
lars annually. The board may be allowed for rent, travelling and 
other necessary expenses of the commissioner, the deputies, agents, 
and of the board, incurred in the performance of their official 
duties, such sum as shall be appropriated by the general court 
annually, payable out of the treasury of the commonwealth. 

Section 2. This act shall take effect upon its passage. [Ap- 
proved March 25, 1910. 



Chapter 419. 

An Act relative to the licensing of minors to engage in 
certain occupations in cities. 
Section seventeen of chapter sixty-five of the Eevised Laws, as 
amended by chapter five hundred and thirty-one of the acts of the 
year nineteen hundred and two, and by chapter one hundred and 
fifty-one of the acts of the year nineteen hundred and six, is hereby 
further amended by adding the following sentences at the end of 
said section : — Any person who, having a minor under his con- 
trol, knowingly permits him to violate the provisions of this act, 
and any person who procures or employs a minor to violate the pro- 
visions of this act, and any person who either for himself or as 
agent of any other person or of any corporation knowingly furnishes 
or sells to any minor any of the articles above referred to with 
knowledge that said minor intends to sell said articles in violation 
of the provisions of this act, and after having received written notice 
from the school committee that the minor is unlicensed, shall be 
punished by a fine of not more than two hundred dollars or by 
imprisonment for not more than six months. Truant and police 
officers shall enforce the provisions of this chapter, — so as to read 
as follows: — Section 17. The mayor and aldermen or selectmen 
may make regulations relative to the exercise of the trade of boot- 
blacking by minors and to the sale by minors of any goods, wares or 
merchandise the sale of which is permitted by section fifteen, and may 



12 

prohibit such sales or such trade, or may require a minor to obtain 
from them a license therefor to be issued on terms and conditions 
prescribed in such regulations : 'provided, that in the case of per- 
sons under the age of fourteen years in the cities of the common- 
wealth the foregoing powers shall be vested in and exercised by the 
school committees of said cities. A minor who sells such articles 
or exercises such trade without a license if one is required or who 
violates the conditions of his license or any of the provisions of 
said regulations shall be punished by a fine of not more than ten 
dollars for each offence. Any person who, having a minor under his 
control, knowingly permits him to violate the provisions of this 
act, and any person who procures or employs a minor to violate the 
provisions of this act, and any person who either for himself or as 
agent of any other person or of any corporation knowingly fur- 
nishes or sells to any minor any of the articles above referred to 
with knowledge that said minor intends to sell said articles in 
violation of the provisions of this act, and after having received 
written notice from the school committee that the minor is un- 
licensed, shall be punished by a fine of not more than two hundred 
dollars or by imprisonment for not more than six months. Truant 
and police officers shall enforce the provisions of this chapter. 
{^Approved April 21, 1910. 



Chapter 524. 

An Act to provide for compulsory instruction in thrift in 

THE public schools. 

Section one of chapter forty-two of the Eevised Laws, relating to 
the subjects that shall be taught in the public schools, as amended 
by chapter one hundred and eighty-one of the acts of the year nine- 
teen hundred and eight, is hereby further amended by inserting 
after the word " ethics ", in the twenty-fourth line, the word : — 
thrift. ^Approved May IS, 1910. 



Chapter 532. 

An Act relative to the admission of children under four- 
teen years of age to places of amusement. 
Section one hundred and eighty-four of chapter one hundred and 
two of the Eevised Laws, as amended by chapter one hundred and 



13 

seven of the acts of the year nineteen hundred and six, and by 
chapter three hundred and fifty-five of the acts of the year nineteen 
hundred and seven, is hereby further amended by striking out the 
last sentence, and inserting in the place thereof the following sen- 
tence : — The provisions of this section shall not apply to shows 
or entertainments which take place before six o'clock in the after- 
noon and during the hours that the school of which the cliild 
attending such show or entertainment is a pupil is not in session. 
It shall be prima facie evidence that such school is in session if the 
public schools are in session in the city or town in which said show 
or entertainment shall take place, — so as to read as follows : — 
Section ISJf.. Whoever, himself or by his servant or agent, admits 
a child under the age of fourteen years to any licensed show or place 
of amusement unless such child is accompanied by a person above 
the age of twenty-one years, shall, on complaint of a parent or 
guardian of the child or of any police ofiicer or of a truant officer 
of the city or town in which the child is so admitted, be punished 
by a fine of not more than one hundred dollars; but he shall not 
be liable to said fine if a child apparently fourteen years of age has 
obtained admission by any written misrepresentation or by any un- 
authorized entrance to said place of amusement, or has entered with 
and apparently in the company of a person above the age of twenty- 
one years but does not remain with such person, provided the per- 
son in charge of said place of amusement shall remove such child 
immediately from said place of amusement upon knowledge of the 
fact that the child is under fourteen years of age and not then ac- 
companied by a person above the age of twenty-one years. The pro- 
visions of this section shall not apply to shows or entertainments 
which take place before six o'clock in the afternoon and during the 
hours that the school of which the child attending such show or en- 
tertainment is a pupil is not in session. It shall be prima facie 
evidence that such school is in session if the public schools are in 
session in the city or town in which said show or entertainment shall 
take place. [Approved May 18, 1910. 



Chapter 65. 
Eesolve to peovide foe tubeeculosis exhibits eoe use in the 

PUBLIC schools. 

Resolved, That the sum of one thousand dollars be allowed and 
paid out of the treasury of the commonwealth, to be expended under 



14 

the supervision of the Massachusetts commission on hospitals for 
consumptives, for the formation of small travelling school tuber- 
culosis exhibits to be used in the public schools throughout the 
state for purposes of instruction in hygiene and the prevention of 
tuberculosis. [Approved April 13, 1910. 



Chapter 108. 
EeSOLVE to provide for AN" IISrVESTIGATIOlsr OF THE PRACTICABILITY 
AND DESIRABILITY OF ESTABLISHING A FARM SCHOOL IN THE CITY 
OF WORCESTER. 

Resolved, That the state board of education shall investigate 
the practicability and desirability of establishing a farm school in 
the city of Worcester in which instruction may be given, free, in 
the raising of fruits, vegetables, flowers, grains, plants and trees, 
and in the care of domestic animals, and in which similar instruc- 
tion suitable to their years may be given to children. The board 
shall report in print to the general court, with such recommenda- 
tions as it may deem proper, not later than January fifth, nineteen 
hundred and eleven. [^Approved May 28, 1910. 



Chapter 133. 

EeSOLVE to PROVIDE FOR AN INVESTIGATION AND REPORT RELATIVE 
TO THE ESTABLISHMENT OF A SYSTEM OF AGRICULTURAL SCHOOLS. 

Resolved, That the board of education is hereby authorized and 
directed to investigate the advisability of establishing a system of 
agricultural schools throughout the commonwealth, and to report 
the result of its investigation with its recommendations to the next 
general court not later than the second Wednesday in January, 
nineteen hundred and eleven. [Approved June 10, 1910. 



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